Gujarat HC Issue Notice To The State Govt Regarding Impact Fee Laws

The Gujarat high court on Tuesday issued a notice to the state government over a petition challenging the constitutional validity of Gujarat Regularization of Unauthorised Development Ordinance, 2022.

The petition was filed by a resident of Pratham Enclave in Vadodara, objecting to his neighbour constructing a hospital in an alleged violation of construction laws.

Appearing for the petitioner, advocate Masoom Shah submitted that the petitioner may have applied for regularization of the building under the new impact fee law, which, according to the petitioner, is in violation of the constitutional provisions.

The petitioner has raised objections to the third impact fee law’s very goal, arguing that the two previous laws did not provide the expected outcomes and that many buildings have not been regularised and as a result continue to lack building use (BU) authorization.

According to the petition, demolishing so many structures will cause a law-and-order issue and undermine the social and economic fabric of society.

Advocate Shah contended that, “The rights of the citizens cannot be defeated on the pretext of protecting those who continue to defy the law.”

Regularization of illegality by law will also raise safety concerns, and people will face hardships as a result of the burden on amenities, which is a violation of Articles 14 and 21 of the Constitution,” the petition pointed out.
It further claimed that the authorities did not conduct any survey to determine the impact of regularising illegal structures throughout the state on the environment, ecology, and infrastructure.

The court has directed the government to response on the matter by April 10.